Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 4, Exemptions from the Right of Access. Updated 8 April 2024. 240 If the government institution determines that the information qualifies as third-party information, it should make a reasonable effort to seek the consent of the third party to disclose the requested information.823 Subsection 19(3) Third party information 19(3) Subject to Part V, a head may give access to a record that contains information described in subsection (1) if: (a) disclosure of that information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment; and (b) the public interest in disclosure could reasonably be expected to clearly outweigh in importance any: (i) financial loss or gain to; (ii) prejudice to the competitive position of; or (iii) interference with contractual or other negotiations of; a third party. Subsection 19(3) of FOIP is a discretionary provision for the release of third-party information in circumstances where the head of the government institution forms the opinion that disclosure “could reasonably be in the public interest as it relates to public health, public safety or protection of the environment”. A government institution should consider subsection 19(3) of FOIP when dealing with third party information. A government institution should first determine that the information is indeed third-party information pursuant to one of the subsections outlined at 19(1) of FOIP. If it is, then consider subsection 19(3) of FOIP. To properly apply the provision, government institutions should do the following:824 823 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.10. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed September 4, 2019. 824 Treasury Board of Canada Secretariat, Access to Information Manual, Chapter 11.14.11. Available at https://www.canada.ca/en/treasury-board-secretariat/services/access-information-privacy/accessinformation/access-information-manual.html#cha11_14. Accessed September 4, 2019.
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